Mediation is another way of solving a dispute between parties. Instead of asking a judge to pass a verdict, the parties themselves look for a dispute resolution.
They are guided by a neutral coach: the mediator, who supervises the communication and the negotiation between the parties. If the mediation prevails on litigation, you, the mediator and the other party sign a written agreement with your rights and responsibilities. There are different types of contracts , however OFC uses the version used in Courts.
It is absolutely wise to see, already at an early stage, if it is advisable to engage in mediation. A conflict does not happen for no reason so, in our opinion, it should always be resolved.
When you intentionally choose that your business might need a different approach, then you have already saved both time and money. In case the parties cannot resolve the issue, which becomes clear quite quickly, then the only option is litigation. Please note: lawyers are also entrepreneurs and are preferred in procedural economy. A shortage makes prices increase.
Therefore, OFC considers mediation the solution for settling disputes and calls it dispute resolution. Having a right to something and being granted the right are two different things. Mediation was created to eliminate the points of dispute.
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